undoubtedly had a positive effect toward overcoming the grave situation that has principally characterized the members of the Kankuamo Indigenous Community. These effects have been recognized by both the Commission and the representatives. In this respect, the measures adopted by the State to address and counteract said situation have already been indicated. It is also important to note that the State has complied with its duty to report to the Tribunal periodically on the steps taken to implement these measures. 31. In view of the principle of complementary and subsidiary nature that guides the Inter-American Human Rights System, an order to adopt or maintain original measures is justified in situations contemplated under Article 63(2) of the American Convention, with regard to which the ordinary guarantees existing in the State are insufficient or ineffective or when the domestic authorities cannot or do not wish to make them prevail15. From the court file of the Tribunal, it spring that the domestic authorities have been aware of the situation of the Kankuamo Indigenous Community since the measures were ordered by this Court. This allows for the reasonable assumption that they will continue adequately exercising all due Convention related oversight16, likewise with regard to the protective measures to be required going forward, if applicable. 32. For all these reasons, the Court views positively the efforts made by the State and the active participation of the representatives of the beneficiaries and finds that the factual situation that, in 2004, led to the adoption and maintenance of these measures to the benefit of the members of the Kankuamo Indigenous Community, does not persist. The situation of risk facing these individuals has evidently not been eliminated, but the information presented by the State, the Commission, and the representatives does not allow for the conclusion that the situation of the community or the specific factors of risk that they could be facing, meet the standard of gravity verified previously. In any case, the urgency and imminence of the situation no longer coincide. 33. This Tribunal is aware that the alleviation and correction of the situation present in this matter is a short, medium, and long term process requiring a collection of actions on the part of the different State’s authorities in the administrative, judicial, and legislative areas. Moreover, the Tribunal emphasizes that, according to information on record in this matter, the Colombian Constitutional Court has issued a series of decisions addressing the situation of displacement in broad terms17, as well as others deriving from them and that also address the problem of the members of the Kankuamo Indigenous Community, among others18. The Court also notes that the State count on a Human Rights Protection Program, which depends on the Ministry of Interior and Justice and which, through the Regulation and Risk Evaluation Committee (“CRER”) conduct risk studies and recommend the most convenient measures to protect the population, in this case, the members of the Kankuamo Indigenous Community. However, many aspects of said State’s actions do not fall under the supervision of the implementation of provisional measures. Because of this and for the aforementioned reasons, the Court deems it is appropriate to rescind such measures. The foregoing does not prevent the Tribunal from ordering provisional measures if, in the future, the three conditions established in article 63(2) of the American Convention are met again. 15 Matter of the Mendoza Prisons, supra note 13, considering clause forty-five. 16 Matter of the Mendoza Prisons, supra note 13, considering clause forty-five. 17 For example, Judgment T-025/04 of the Colombian Constitutional Court on the unconstitutional situation of the displaced population. 18 In this respect, Court Order 004/09 of the Colombian Constitutional Court on the displacement of different indigenous peoples in Colombia. 14

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